Terms and Conditions
As of April 2025

1. GENERAL

These terms and conditions apply to all agreements between Cedric Vitangcol – Designs by Ced (referred to as the 'Designer') and the Client (referred to as 'You').

2. COPYRIGHT-OWNERSHIP-RIGHT OF USE

2.1. Copyright and ownership of the design remain with the Designer. Upon full payment, the Client is granted the Right of Use for the final cover design (in PDF, JPEG, or other publishing-ready formats) for their eBook, printed book, and related promotional materials

2.2. The Client’s Right of Use for the final cover design is granted indefinitely. The Client may use the design for as long as needed, provided its use complies with the agreed-upon terms and intended purposes outlined in this Agreement.

2.3. The Designer may include the work in their portfolio or use a printed version for promotional purposes at their discretion. The Designer will allow the Client a reasonable period for a public reveal of the cover before featuring the work in their portfolio.

2.4. The Designer retains copyright and ownership of all design and draft materials. The Designer also reserves the right to repurpose unused concepts that differ from the final design for other clients or as premade covers.

3. COVER FILE EDITING BY CLIENT

3.1. The Client agrees not to use the design outside the agreed terms and conditions and may not alter the final cover design except to resize it for printing or digital display. Any desired alterations must be discussed with the Designer, and additional fees may apply for such changes.

3.2. The Client may not reuse or hire another designer to reuse any part of the artwork for future book cover projects or other unrelated works without prior written consent from the Designer. Neither the final design nor rough drafts may be altered, edited, or changed except by the Designer. Rough drafts must not be publicly displayed and may only be shared privately with trusted individuals for feedback.

4. INFORMATION ON STOCK IMAGES

The Client agrees to comply with the license terms for any images purchased by the Designer from third-party providers for use in the book design. The cost of the cover design includes a Standard License for images sourced from Depositphotos, Freepik, and Envato Elements.

Clients may reproduce up to 500,000 copies with unlimited electronic usage/display rights. For print runs exceeding 500,000, additional licensing fees may apply. The Designer will not be held liable for any misuse of images by the Client.

5. PUBLISHING RIGHTS

5.1. If the Client provides images or materials to the Designer, the Client confirms that they have obtained all necessary rights and permissions to use and publish those materials for the project. The Client assumes full responsibility for the materials, including the validity of any claimed copyrights, trademarks, and ownership. Furthermore, the Client agrees to indemnify, defend, and hold the Designer harmless against any claims of libel, copyright infringement, or permission violations arising from the materials provided. Materials supplied by the Client must not include public domain works unless the Client is the original author.

5.2. The Designer reserves the right to request proof of secured rights for any materials provided by the Client. In the event of any intellectual property dispute regarding Client-provided materials, the Client assumes full legal and financial responsibility. The Designer also reserves the right to refuse the use of Client-provided images at their discretion.

6. SCHEDULING

6.1 The Designer agrees to complete the project within the agreed-upon time frame. The Client is responsible for providing adequate notice and allowing reasonable time for project completion. The Designer reserves the right to refuse any project or service request.

6.2 The Designer may be reachable from Monday to Friday, 09:00 AM to 05:00 PM (Manila time, GMT+8). Messages or correspondences after business hours will be acknowledged the following business day, subject to important or urgent matters.

7. ATTRIBUTION

The Designer requires cover design credit to appear in the Client’s book (either on the back cover, on the copyright page, or in a suitable place) such as:

“Cover design Cedric Vitangcol – Designs by Ced designsbyced.com”

8. PRICES AND PAYMENT

8.1. To secure a slot for a custom, a non-refundable booking fee is required. Additionally, a deposit of half the total project cost must be paid days before the start date.

8.2. If the Client cancels the project, there is a project kill fee of half the full price (covered by the deposit). This does not apply to projects rescheduled ahead of time.

8.3. After approval of a low-resolution file, the remaining balance of the invoice is due. Payments must be made through PayPal only.

8.4. Revision rounds are limited to five (5) custom book covers. After that, additional fees will be incurred.

8.5 The Designer is entitled to withhold services should there be delay in payment.

8.5. Significant alterations (like swapping out images) after the approval of the low-resolution file and requested changes after the final files have been sent will come with a fee.

8.6. The Designer reserves the right to give the Client a price differing from those listed.

All prices and fees shall be communicated before starting work.

9. PUBLISHING DATA – RAW FILES

9.1. Access to the raw .psd files is not included, due to copyright reasons and licensing restrictions of the stock images used.

9.2. Access to the flattened artwork with a separate text layer can be provided for an additional fee.

10. LIABILITY AND WARRANTY

10.1. The Designer is only liable for damages caused by intentional or grossly negligent actions. This does not include breaches of duties essential to the purpose of the contract (cardinal obligations). In cases of damage resulting from injury to life, body, or health, the Designer is also liable for slight negligence.

10.2. The Client is responsible for checking the work for any defects. It is strongly recommended that the Client request a proof from the printer before publishing or ordering any materials using the book cover design.

10.3. Upon the acceptance of the book cover and/or release of drafts, the Client assumes responsibility for the accuracy of the images and text. As a result, the Designer's liability is waived. The Designer will not be held financially or legally responsible for any issues, costs, fees, or expenses incurred by the Client as a result of using the book cover design.

10.4. The Designer guarantees the storage of all source and work files for a period of two (2) years. If any files are lost or damaged within this time frame, the Designer will restore them to the Client at no additional cost.

10.5 Further, if for any reason the Designer is compelled to pay any such claim or assume such liability, the CLIENT shall reimburse the EDITOR any amount actually paid, without prejudice to any other remedy which the EDITOR may pursue against the CLIENT.

11. CONFIDENTIALITY

11.1. Any data provided by the Client will be considered confidential and will only be used for communication, providing a quote, or completing the project between the Designer and the Client. This information will not be shared with third parties unless explicitly requested by the Client.

11.2. The Designer retains the right to use the Client’s author name and book title in their portfolio and for marketing and promotional purposes.

12. FORCE MAJEURE.

An event of Force Majeure refers to any event beyond the reasonable control of the affected party, including industrial disputes involving third parties, fire, flood, outbreaks, tsunamis, or war. A party that becomes aware of a Force Majeure event that may cause or is likely to cause a failure or delay in fulfilling its obligations under this Agreement must promptly notify the other party and provide an estimated duration for the failure or delay. The affected party will take all reasonable steps to mitigate the effects of the Force Majeure event.’

13. CONCLUSION

This Agreement shall be entered into by the Client and by the Designer, Cedric Vitangcol – Designs by Ced.